Cinema

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2019

Mixed-Use Development at the former Classic Cinema site, Haroldâ€&#x;s Cross Road, Dublin 6W. Town Planning Report Planning Report to accompany planning application lodged on behalf of Garvagh Homes Ltd. with Dublin City Council. This application seeks permission for a mixed-use development.

Manahan Planners 38 Dawson Street, Dublin 2 5/13/2019

Introduction This planning report has been prepared in connection with a planning application to Dublin City Council by Garvagh Homes Ltd. for a mixed-use development including office & restaurant with 91 residential units on a site, formerly the Classic Cinema, Haroldâ€&#x;s Cross Road, Dublin 6W.

Figure 1: Site Location Map

In summary the proposal provides a 91 apartment housing development. It consists of 3 building blocks consisting of five-storey setback, a retail unit, offices, a naturally ventilated basement, 2 external courtyards, bicycle parking stores and separate waste management facilities.

This report seeks to explain the proposed development and then assess the proposal against the relevant planning criteria.

Site Context The site is located along the west side of Haroldâ€&#x;s Cross Road, at the southern end of Kenilworth area close to the five crossroad junction. The Kenilworth area is approximately 4 km from the city centre.

The surrounding area is characterised by a suburban mix form of development with principally retail uses at ground floor level along Haroldâ€&#x;s Cross Road. At the front of its north boundary, the site is bounded by the adjoining street front with 2/3 storey buildings, and behind that by a group of single storey industrial buildings, a two storey house and a car storage area. The rest of the surrounding areas to the east, west and south are largely residential uses. The predominant residential style is red-brick two-storey house with front

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and rear gardens and on-street parking The building heights range from single storey to four-storey.

The site is bounded by commercial warehouse units to the north followed by residential to the west and south save for the retail units facing Haroldâ€&#x;s Cross Road.

The site has an area of approximately 0.506 ha.

Figure 2: Map Aerial image of the subject site from the northwest.

There is a large single storey warehouse structure with rear yard for car parking that covers the lower half of the site. It is currently in use as a depot/vehicle pound and parking area for Dublin Parking services. It takes access from Haroldâ€&#x;s Cross Road along the southern boundary of the site.

There is a row of mature tall, thick evergreen trees along this boundary between the residential gardens and the access route. The front of the site is an empty plot of land with corrugated fencing facing the main street.

The site is well served by public transport in the form of bus. The site is also located along the proposed route for the Clongriffin to Tallaght Bus Rapid Transit (BRT). Haroldâ€&#x;s Cross Road is a major arterial route into the city centre, forming part of the N81 national secondary route from Tallaght, extending south from the Grand Canal to Terenure Road North.

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Policy Context The subject site is zoned Z4: District Centres in the Dublin City Development Plan 20162022, which seeks to “provide for and improve mixed service facilities�.

The one of the objectives behind this zoning is the intensification of mixed-use development along public transport corridors to underpin a compact and sustainable city.

Figure 3: Extract of zoning map from Dublin City Development Plan 2016-2022 identifying the Z4 zoning of the subject site outlined in red

Residential, Restaurant and Office are all Permitted in Principle land uses under the Z4 zoning.

Planning History A planning application (Reg. Ref. 4686/05) was submitted in November 2005 on the subject site for the demolition of an existing building with rear and side extensions and returns (existing building area 1700sqm ) which consists of ; entrance reception, lobby areas, cinema seating/viewing area, kitchen, offices, storage area, toilets, projector room, internal stairs, store rooms, rear and side site boundary walls and construction of a four storey building over basement car park consisting of the following; 18 no. apartments with balconies on all elevations ( 15 no. 2 bedroom - 3 no. 1 bed apartments ) at first, second and recessed third floor penthouse level with access from a landscaped internal communal courtyard/garden, and 1 no. retail unit with ancillary space at ground floor level (506sqm) with a service entrance located on the easterly elevation; all over an underground car park for 27 car spaces, bin stores and bicycle parking with access through a new ramped Manahan Planners

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vehicular entrance located on the easterly elevation from the Harold’s Cross Road; all of the above to accommodate associated site works. (The total proposed building area is 2,500sqm).

Dublin City Council refused planning permission as it was considered that there was a serious deficiency in both public and private open space, and parking supplied. Also, the proposed development failed to meet the standards set down in the Dublin City Development Plan and it was considered that the proposal would be contrary to the proper planning and sustainable development of the area.

This application seeks to overcome these deficiencies.

The Proposal The Statutory Notices lodged with the application states the proposal involves the following.

Dublin City Council-Planning permission is sought by Garvagh Homes Ltd to carry out a development at the former Classic Cinema site at Harold’s Cross Road, Dublin 6W. The development involves the demolition of the remaining buildings on site, the construction of a mixed-use development of retail (177 sq.m), offices (199 sq.m) and 91 dwelling units (4 studios, 29 one bed units and 58 two bed units ) over an underground car parking area for 93 cars, plant areas and bin storage facilities. The form of development provides for three blocks of development. The front block next to the street (5 storeys in height) will contain retail use and an ESB substation at ground level, offices at first floor level and 29 dwelling units in the remainder of the block. The central block (5 storeys in height) will have 32 dwelling units and the block to the rear (5 storeys in height) will have 30 dwelling units. The space between the blocks will contain landscaped communal open space and bike stores for the residents.

The proposal seeks to create high-quality living environments for residents and to enhance the social, environmental and visual quality of the area as a whole. The scheme has been designed to maximise amenity and energy efficient through climate sensitive design that takes account of orientation and typography and retention of existing site features wherever possible.

All five-storey blocks provide a maximum of 7 apartments per floor. These include a combination of studios, 1, & 2 bedroom apartments, each with an external private amenity space in form of a balcony/ terrace.

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Figure 4: Open landscaped courtyard between Block A & B

The site layout has been designed to discourage anti-social behaviour, ensuring that all access ways and public areas are overlooked by dwellings. At the same time, through the proposed architecture, privacy is promoted by clearly separating the public and private realm and providing good permeability to achieve high quality living environments.

Figure 5: Proposed Site layout

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Planning Assessment Land Use/Zoning As mentioned earlier, the subject site is zoned Z4: District Centres in the Dublin City Development Plan 2016-2022, which seeks to “provide for and improve mixed service facilities”.

In May 2018, the National Planning Framework 2040 was adopted and seeks compact urban growth, with the associated objective that at least half of the future housing growth of the main cities will be delivered within their existing built-up areas through infill and brownfield development and 40% in other key towns. The National Planning Framework has a number of policy objectives that articulate delivering on a compact urban growth programme. These include:      

NPO 2(a) relating to growth in our cities; NPO 3(a)/(b)/(c) relating to brownfield redevelopment targets; NPO 4 relating to attractive, well-designed liveable neighbourhoods; NPO 5 relating to sufficient scale and quality of urban development; and NPO 6 relating to increased residential population and employment in urban areas; NPO13 relating to a move away from blanket standards for building height and car parking etc. and instead basing it on performance criteria.

Having regard to the Z4 zoning, we note that its objectives reflect the aims of the National Panning Framework 2040 and apply to Key District Centres (KDC) and District Centres including urban villages. KDCs are the top tier of urban centres outside the city centre that act as strong spatial hubs providing a comprehensive range of commercial and community services. The strategy behind the Z4 zoning is „to continue to strengthen the hierarchy of suburban centres from the district to the local level so as to make these centres capable of providing sustainable city living’.

Further, Section 14.8.4 of the current Development Plan states that in order to maintain their role as district centres, new development should enhance their attractiveness and safety for pedestrians and a diversity of uses should be promoted to maintain their vitality throughout the day and evening.

In this case, Harold‟s Cross can be considered an urban village in close proximity to Rathmines which is a KDC. The surrounding area is characterised by medium to highdensity buildings, mostly containing mixed land-uses located in a Dublin 6 area that has a high residential population. The role of Harold‟s Cross is to continue to promote an important economic, social and physical focal point for its neighbourhood and communities.

It is submitted that the proposed residential units support the sustainable consolidation of the city and strengthen the role of Harold‟s Cross within the hierarchy of suburban centres.

As a result it will fulfil an extremely valuable function in the creation of a vibrant mixed-use area.

Similarly, the provision of retail at ground floor level will provide a facility to service the surrounding daytime and evening population while offices above the ground floor will provide an opportunity for additional commercial services.

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Character of the Area The character and ridgeline of Harold‟s Cross and surrounding streets is very mixed in contrast to the strong and consistent architecture found in Rathgar and Rathmines areas.

Figure 6: Inconsistent and varied different architectural typologies and styles along Harold’s Cross beside site

Harold‟s Cross has experienced much change in the years and decades gone by. The buildings have differing materials and colours with varying heights exhibiting different architectural typologies and styles. It is submitted that the emerging character of the street is extremely varied and inconsistent.

Equally, it is important to note a significant feature of this proposal includes the south gable corner to this block of varying character along this stretch of street.

Accordingly, the street does not have a particular character with which the proposal can seek to „fit‟ in with but requires a suitable architectural treatment necessary to mark the bookend to this end of the „Street‟. The contemporary architectural design this scheme is proposing is an appropriate response to the subject site.

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Building Height The Development Plan recognises that District Centres can provide a focal point for the delivery of integrated services and the capacity to deliver on a range of requirements in particular increased density of development. Similarly, higher densities will be permitted in district centres, particularly where they are well served by public transport.

In addition to this, the now adopted new height guidelines, The Urban Development and Building Height Guidelines 2018 set a clear direction for developing our cities and towns upwards, rather than ever outwards.

In light of this, the proposed development will be in the form three separate blocks that are five storeys in height. The frontage to Harold‟s Cross Road will be 4-storey with a setback penthouse level (Block A) at a minimum of 1.5m from the parapet of the external wall of the block beneath. Block B sits behind Block A and is of similar height and setback design. Then Block C, the rear building form steps back at third floor level as well as the set-back penthouse fourth floor. The reason for this is to avoid overlooking and reduce overshadowing on houses located on Wilfrid Road.

It is submitted that the height of proposal accords with the current Development Plan and recent policy on building height, in particular Section 3.2 of The Urban Development and Building Height Guidelines 2018.

Design Standards The Design Standards for New Apartments - Guidelines for Planning Authorities (Dec. 2015) document establishes a number of criteria under which applications for new apartments will be assessed. The principles ones are as follows and assessed below:      

Apartment Floor Area; Dual Aspect Ratios; Floor to Ceiling Height; Lift and Stair Cores; Internal Storage; and Private Amenity Space.

The apartments are generously sized and all exceed the minimum floor areas by a considerable distance.

In terms of apartment mix, the Development Plan requires a maximum of 25-30% onebedroom units.

The following is the mix of units: 

37% one bedroom units

With respect to apartment orientation, national standards state "in urban locations, it is a specific planning policy requirement that the minimum number of dual aspect apartments that may be provided in any single apartment scheme shall be 50%.”

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61% of the proposed units are dual aspect. A large amount of those apartments with single aspect have a south westerly aspect and thus benefit from adequate solar gain.

Floor to ceiling heights of the proposed units are 2.7m, which is in excess of the national standards.

With regard to stair/life cores, the national guidance states that "subject to compliance with the dual aspect ratios specified in these guidelines and building regulations particularly in relation to fire safety, it is a specific planning policy requirement that up to 8 apartments per floor per individual stair/lift core may be provided in apartment schemes".

Building B and C have its stairs/lift core in the centre of the building which is accessed from the laneway through the entrance at its southern end. All units are served with lift and stair cores at each floor. There is a maximum of 7 apartments on each floor.

Internal Storage and Private Open Space All the apartments exceed the standards with respect to apartment storage space and private open space.

The Minimum Storage Requirements for apartment units as per the Development Plan are:   

Studio unit: 3 sq.m 1-bedroom unit: 3 sq.m 2-bedroom unit: 6 sq.m

The Development Plan states that that the minimum Private Open Space requirement for apartments is 4 sq.m for a studio, 5 sq. m for a 1 bed and 7 sq. m for a 2 bed apartment.

The proposed apartments accord with the national standards.

Communal and Public Open Space The site provides a plentiful supply of open space for the residents (3000 sq. m) in which communal open space is 875 sq.m. This is provided by landscaped courtyard gardens and excludes the laneway.

The Development Plan requires a minimum area of communal open space for the apartment residents of 571 sq. m. As indicated above, the proposed area of communal open space is vastly in excess of this.

In addition the site is located close to city parks and Harold‟s Cross Park which is within walking distance.

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Parking and Access Development Plan policies seeks 1.5 car parking space and one bicycle parking space per residential unit, while 3.7 car parking spaces for retail/office users and 2.5 bicycle parking spaces (1 per 100 sq. m of floor area) are required in this location.

Vehicular access to the site is via Haroldâ€&#x;s Cross Road.

There is a basement linking the entire development providing 93 car parking spaces and two bike stores with 150 bicycle spaces for residents. There is a further 60 bike spaces accommodated along the access laneway indicated on the plan.

The proposed development exceeds all of these parking requirements.

It is considered that this is an appropriate supply of car parking spaces given the central location of the site beside a QBC and the close proximity of bus stops outside the site from where residents can avail of easy access to the city centre.

Public Realm The proposed development includes each building with a pedestrian entrance along the southern elevation, with the front facade of Block A at ground level partially fully glazed, which provides for an activated and vibrant public realm and therefore a more interesting pedestrian experience.

This is furthered by the provision of an area of communal open space in between each of the buildings which will serve as a very comfortable place for people to sit and rest.

The presence of windows and balconies at upper levels also provides passive surveillance of the public realm thus increasing the sense of security to pedestrians below.

This application is accompanied by report and drawings from Park Wood Landscape Architects who provide comprehensive design for the scheme.

Visual Impact The proposed building presents as a four-storey building to the street, with a fifth storey set back from the levels below.

By setting the fifth storey back, the uppermost level is visually recessed and subservient to the main body of the building below. Moreover, the uppermost level is predominantly only visible to passers-by from oblique angles.

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Figure 7: CGI of proposal facing south

Further, the proposed front elevation is highly articulated with a series of flat metal panels, vertical steel painted slats and metal–cladding balcony edge. The ground level facing the street is surrounded in brick cladding with the retail unit facade containing a full height glazed screen and a recessed entrance to the office area.

Its horizontal articulation serves to break down the apparent height of the building while also creating an active street frontage.

This proposal seeks to bookend the string of varying architectural typologies and styles within the district centre with a five-storey block. This design approach seeks to combine the aims of a district centre with that of architectural and urban design principles. By bookending the district centre, the proposal provides continuity of commercial uses and a sense of enclosure.

Figure 8: Existing street frontage along Harold’s Cross District Centre

The images above in Figure 8 show either end of the District centre currently with the site outlined in red. These images highlight the lack of symmetry and continuity within the district centre.

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Figure 9: CGI of proposal from northern viewpoint beside existing buildings

The block indicates the change of land use within the area as it is different from the surrounding residential use. The form and height are appropriate in providing a sustainable mixed-use amenity indicative of a district centre while addressing some of the shortfall of much-needed housing in Dublin.

Figure 10: CGI of proposal looking north showing Church of Our Lady in the background

Given that the site extends forward of the neighbouring houses to the south and the need to have the new building on the back of the public footpath, this offered the opportunity to create a corner feature with windows that could avail of the views southwards towards the Dublin Mountains. These windows would be for office use and residential use. The proposing architects have decided to make a feature of this aspect of the scheme as can be seen in the image above. It is considered that this is appropriate having regard to the district centre zoning of this site in comparison to the residential zoning of the neighbouring properties.

It is submitted that it is important to assess the impact from the perspective of its role within a district centre and within the streetscape. Located on the opposite side of Haroldâ€&#x;s Cross road, the Church of Our Lady of the Rosary is a focal and significant structure within the streetscape that contributes to a sense of place and legibility.

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Based on the above, it is felt that the proposal does not compete with the height of the church but rather acts as an entry point in creating a vista that highlights the features of the Church.

Similarly, the materials used are considered subtle and contemporary that complements the exterior of the Church adding to the uniformity and attractiveness of the streetscape.

As a result, both structures act as significant focal points on the streetscape and provide a symmetrical architectural effect and enclosure to the district centre overall. This is an important element of placemaking and the sustainability of district centres.

Overlooking The three proposed buildings are built on a generally north south orientation. In designing the northern elevation regard was had to the possible future development of the currently warehoused buildings to the north.

In the internal orientation of the buildings, the windows will provide informal social supervision of the communal open space and are located the required 22m between opposing windows.

The southern gable consists mainly of bathroom and bedrooms windows which face toward the existing boundary where the existing wall of trees will be replaced by a new band of more appropriate trees. These windows will be located at a considerable distance form the back wall of Kenilworth Park and Wilfrid Road. In all cases the separate distances between opposing windows is greater than the 22m standard.

It is submitted that this proposal reduces issues regarding overlooking and privacy and that the development will not have an adverse impact on the existing residential amenity.

Construction Management AWN Consulting have prepared a Construction and Demolition Waste Management Plan and an Operational Waste Management Plan which are submitted as part of this application.

Traffic Impact Assessment A traffic impact assessment report has been prepared by NRB consulting engineers and is included with this application. It concluded that: The Transportation Assessment Report confirms that there is an absolutely negligible traffic impact associated with the opening of the proposed subject development and that it can be accommodated without any noticeable or adverse traffic impact arising.

Based on our study, we believe that there are no traffic/transportation capacity, traffic safety or operational issues associated with the proposed development that would prevent a positive determination of the planning application by Dublin City Council.

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Part V Compliance It is recognised that since 1st September 2015 there is now a requirement to provide 10% social housing in developments with 10 or more residential units in them. This would relate to 9 apartments in this proposal. The Applicant has entered into discussions with the Housing Authority prior to the lodgement of this. A Validation Certificate, to this end, dated 12th April 2019, has been submitted as part of this application.

Should permission be granted, the Applicant will enter into further detailed discussions to implement, subject to costs, any such condition in this Permission. This application includes a range of dwelling types and this should make agreement with the Housing Authority easier to be achieved.

Scanning for Appropriate Assessment Planning applications are required to undertake a “scanning” as to whether the project proposed could have significant effects on a Natura site, such that a Natura Impact Study (NIS) is required to be lodged with the application. This section addresses this issue.

In relation to “Appropriate Assessment”, this procedure was introduced by the European Union Habitats Directive as a way of determining if a planned project is likely to have significant effect on any of the Natura 2000 sites designated as either candidate SAC‟s and SPAs or any of their conservation objectives. It requires a broader overview of the project than an environmental impact statement would have as it necessitates an examination of the secondary effects at some distance from the project location.

Natura 2000 sites are areas of established environmental merit as described under the European Union Habitats Directive (Council Directive 92/43/EEC) and the Birds Directive (Council Directive 79/409/EEC).

There are four Natura 2000 sites that could potentially be affected by this development.

These are the Dalkey Islands, the North Dublin Bay SAC, North Bull Island SPA or the South Dublin Bay and River Tolka Estuary SPA. However, the site of this application is in the Harold‟s Cross area of Dublin. The site is not located within or directly adjacent to any Natura 2000 area (SAC or SPA). This part of Harold‟s Cross is a built-up business and residential zone and is predominantly composed of surfaces that are sealed with tarmacadam and concrete.

Inert construction and demolition waste will be removed by a licenced contractor and disposed of in accordance with the Waste Management Act. Also, foul and surface drainage infrastructure will be separated up to the final point of entry to the municipal sewer.

Combined effluent and storm water from the proposed development will be sent to the wastewater treatment plant at Ringsend in Dublin.

Therefore due to the distance involved and the modest nature of the development, the proposal of itself or taken together with other developments, is not likely to have any adverse impacts on a Natura site.

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In relation to screening for this proposal therefore, the design, nature, limited scale as one house, the mitigating measures proposed and location of the development, will ensure that the proposal will not have any significant effects on a Natura site either individually or collectively.

Because there is no likelihood of significant ecological effects on the qualifying interests of the Natura sites downstream, it is reasonable to conclude that the screening carried out shows that the further more detailed stages of the Appropriate Assessment procedure are not required.

Conclusion In conclusion it is submitted that the proposal is consistent with the provisions of the Dublin City Development Plan, is an appropriate design response to such a well located site and it is consistent with the proper planning and sustainable development of the area. In the current circumstances of a shortage of housing supply in the Dublin region, it is requested that the Dublin City Council proceed to grant permission for this worthy and much needed development.

We look forward to a Decision in due course.

Manahan Planners 13th May 2019

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